ARTIFICIAL INTELLIGENCE AND SUI GENERIS RIGHT: A PERSPECTIVE FOR COPYRIGHT IN UKRAINE?
This note explores the current state of and perspectives on the legal qualification of artificial intelligence (AI) outputs in Ukrainian copyright. The possible legal protection for AI-generated objects by granting sui generis intellectual property rights will be examined. As will be shown, AI re...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
VD Dakor
2021-08-01
|
| Series: | Access to Justice in Eastern Europe |
| Subjects: | |
| Online Access: | http://ajee-journal.com/artificial-intelligence-and-sui-generis-right-a-perspective-for-copyright-of-ukraine |
| _version_ | 1818916660396949504 |
|---|---|
| author | Liubov Maidanyk |
| author_facet | Liubov Maidanyk |
| author_sort | Liubov Maidanyk |
| collection | DOAJ |
| description | This note explores the current state of and perspectives on the legal qualification
of artificial intelligence (AI) outputs in Ukrainian copyright. The possible legal
protection for AI-generated objects by granting sui generis intellectual property rights
will be examined. As will be shown, AI remains a very challenging subject matter for
legal regulation. This article seeks to identify the pros and cons of proposals in the Draft Law of
Ukraine ‘On copyright and related rights’ on sui generis right relative to AI-generated objects. A
comparative analysis of the EU Database Directive provisions is conducted regarding sui generis
right to non-original databases. Investment theory will be considered as the only justification for a sui generis right protection of AI outputs aimed at the protection of substantial investments. The special criteria identifying the scope of the substantial investments in computer-generated objects are unclear in the Draft Law of Ukraine ‘On copyright and related rights’. The proposed provisions are considered premature since they cover the concept of fully autonomous AI. The article concludes that the adoption of the proposed provisions may lead to excessive legal protection, as a special category of protected object is not identified. |
| first_indexed | 2024-12-20T00:21:42Z |
| format | Article |
| id | doaj.art-fc1a45b2a9654b76a0865395985f07e1 |
| institution | Directory Open Access Journal |
| issn | 2663-0575 2663-0583 |
| language | English |
| last_indexed | 2024-12-20T00:21:42Z |
| publishDate | 2021-08-01 |
| publisher | VD Dakor |
| record_format | Article |
| series | Access to Justice in Eastern Europe |
| spelling | doaj.art-fc1a45b2a9654b76a0865395985f07e12022-12-21T20:00:10ZengVD DakorAccess to Justice in Eastern Europe2663-05752663-05832021-08-013 (11)14415410.33327/AJEE-18-4.3-n000076ARTIFICIAL INTELLIGENCE AND SUI GENERIS RIGHT: A PERSPECTIVE FOR COPYRIGHT IN UKRAINE?Liubov Maidanyk0https://orcid.org/0000-0002-1794-4513PhD (Law), Assoc. Prof., Law School, Taras Shevchenko National University of Kyiv, UkraineThis note explores the current state of and perspectives on the legal qualification of artificial intelligence (AI) outputs in Ukrainian copyright. The possible legal protection for AI-generated objects by granting sui generis intellectual property rights will be examined. As will be shown, AI remains a very challenging subject matter for legal regulation. This article seeks to identify the pros and cons of proposals in the Draft Law of Ukraine ‘On copyright and related rights’ on sui generis right relative to AI-generated objects. A comparative analysis of the EU Database Directive provisions is conducted regarding sui generis right to non-original databases. Investment theory will be considered as the only justification for a sui generis right protection of AI outputs aimed at the protection of substantial investments. The special criteria identifying the scope of the substantial investments in computer-generated objects are unclear in the Draft Law of Ukraine ‘On copyright and related rights’. The proposed provisions are considered premature since they cover the concept of fully autonomous AI. The article concludes that the adoption of the proposed provisions may lead to excessive legal protection, as a special category of protected object is not identified.http://ajee-journal.com/artificial-intelligence-and-sui-generis-right-a-perspective-for-copyright-of-ukraineai-generated objectcopyright |
| spellingShingle | Liubov Maidanyk ARTIFICIAL INTELLIGENCE AND SUI GENERIS RIGHT: A PERSPECTIVE FOR COPYRIGHT IN UKRAINE? Access to Justice in Eastern Europe ai-generated object copyright |
| title | ARTIFICIAL INTELLIGENCE AND SUI GENERIS RIGHT: A PERSPECTIVE FOR COPYRIGHT IN UKRAINE? |
| title_full | ARTIFICIAL INTELLIGENCE AND SUI GENERIS RIGHT: A PERSPECTIVE FOR COPYRIGHT IN UKRAINE? |
| title_fullStr | ARTIFICIAL INTELLIGENCE AND SUI GENERIS RIGHT: A PERSPECTIVE FOR COPYRIGHT IN UKRAINE? |
| title_full_unstemmed | ARTIFICIAL INTELLIGENCE AND SUI GENERIS RIGHT: A PERSPECTIVE FOR COPYRIGHT IN UKRAINE? |
| title_short | ARTIFICIAL INTELLIGENCE AND SUI GENERIS RIGHT: A PERSPECTIVE FOR COPYRIGHT IN UKRAINE? |
| title_sort | artificial intelligence and sui generis right a perspective for copyright in ukraine |
| topic | ai-generated object copyright |
| url | http://ajee-journal.com/artificial-intelligence-and-sui-generis-right-a-perspective-for-copyright-of-ukraine |
| work_keys_str_mv | AT liubovmaidanyk artificialintelligenceandsuigenerisrightaperspectiveforcopyrightinukraine |